13AAcquisition of rail infrastructure facilities

#### 13A Acquisition of rail infrastructure facilities 13A Acquisition of rail infrastructure facilities > > (1) A rail authority may acquire rail infrastructure facilities for purposes that are consistent with its objectives. > > > (2) Rail infrastructure facilities that a rail authority is authorised to acquire under this clause may be acquired by agreement or by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) (as applied by this clause) for the purposes referred to in subclause (1). > > > (3) The [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) applies with the following modifications— > > > > > (a) a reference in that Act to land includes a reference to rail infrastructure facilities and any interest in such facilities, > > > > > (b) a reference in that Act to the owner of land includes a reference to the owner of rail infrastructure facilities or any person who has an interest in rail infrastructure facilities, > > > > > (c) sections 6, 7A, 7B, 12(1)(a), (4) and (5), 17 and 18, Division 3 of Part 2, sections 29, 31(5), 37A, 55(e) and (f), 60 and 62 of that Act do not apply. > > > (4) Sydney Trains and NSW Trains may not give a proposed acquisition notice under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) without the approval of the Transport Secretary. > > > (4A) TAM may not give a proposed acquisition notice under the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) without the approval of the Minister. > > > (5) For the purposes of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition is taken to be for an authorised work and the rail authority is, in relation to that authorised work, taken to be the Constructing Authority. > > > (6) Part 3 and section 91 (b) of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of an acquisition under this clause. > > > (7) Despite the exclusion by subclause (6) of the provisions of section 91(b) of the [Public Works Act 1912](/view/html/inforce/current/act-1912-045) in respect of works constructed for the purpose referred to in this clause, a rail authority at its discretion maintains such fences in connection with the works as it thinks fit. > > > (8) This clause applies in respect of rail infrastructure facilities severed from the land by operation of this Act or any other law. > > > (9) In this clause, rail authority means TAM, Sydney Metro, Sydney Trains, NSW Trains or TfNSW.